WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 385 



to grant letters of marque and reprisal being specially delegated to Congress, 

 Congress ought to retain to itself the right of judging of the time when they 

 are proposed to be actually issued. The committee are not satisfied that 

 Congress can, constitutionally, delegate this right." 



Congress has, in fact, never authorized reprisals upon private prop- 

 erty in time of peace, though reprisals and military expeditions 

 against foreign territory both with and without congressional au- 

 thorization have often resulted in the destruction of private prop- 

 erty, as did the Greytown, Nicaragua, bombardment of 1852, and 

 the Vera Cruz' occupation of 19 14. By a declaration of war, 

 Congress authorizes general reprisals against enemy property at 

 sea so far as permitted by international law. 



Treaties may provide for making captures of private property, 

 as in suppressing the slave trade and seal poaching. The President 

 has power to employ the navy and revenue cutter service to enforce 

 treaties without other authority, though Congress has usually given 

 him express authority.*"' 



International law authorizes the capture on the high seas of 

 pirates at all times and of enemy and certain neutral private propi- 

 erty in time of war. The President's powers in this regard derive 

 from international law and are limited by it. He can authorize the 

 capture of enemy and neutral private property at sea only as 

 permitted by that law, which is enforced by prize courts before 

 which captures must be brought for condemnation. Before such 

 courts, an order of the President contrary to international law, 

 unless authorized by express statute, will not justify the captor.*'^ 



Private property on land, even of the enemy, is exempt from 

 seizure under international law, except when " military necessity " 

 permits its requisition, sequestration, contribution, or destruction.^" 

 The President, it has been held, cannot authorize a general con- 

 fiscation of enemy property. Thus, said the Supreme Court in 

 Mitchell V. Harmony : ®^ 



^^ Supra, sees. 118, 119, 125, 126. 



*^ Little V. Barreme, 2 Cranch 170. 



«2 IV Hague Conventions, 1907, Arts. 46-56. 



63 Mitchell V. Harmony, 13 How. 115 (1851). 



